BOARD OF TRUSTEES OF THE PORT OF KOLKATA Vs. LOUIS DREYFUS ARMATURES SAS

LAWS(CAL)-2014-9-69

HIGH COURT OF CALCUTTA

Decided on
September 29,2014

Board Of Trustees Of The Port Of KolkataAppellant

VERSUS

Louis Dreyfus Armatures SasRespondents

JUDGEMENT

Soumen Sen, J. -
(1.) THE initiation of proceeding under the arbitration rules of the United Nations Commission on International Trade Law, 1976 by a French National being the respondent No. 1 on the basis of a Bilateral Treaty Agreement (hereinafter referred to as BIT) between the Government of India and the Government of France on the Reciprocal Promotion and protection of investments 1997 is the subject matter of challenge in this proceeding. Mr. Sudipto Sarkar the learned Senior Counsel appearing with Mr. Jishnu Chaudhury the Senior Advocate on behalf of the respondent No. 1 submits invited this Court to decide the matter without affidavit since it is contended that it is purely a jurisdictional issue for which no affidavit as such is required.(2.) THIS is an application for injunction restraining the respondent No. 1 from taking further steps on the basis of a notification of claim dated 11th November, 2013 and the notices of arbitration dated 17th April, 2014 and 19th May, 2014 respectively. The plaintiff/petitioner essentially seeks restrain order upon the respondent No. 1 to proceed with the arbitration proceeding in terms of the aforesaid notices.(3.) THE arbitration reference has been made by one Louis Dreyfus Armatures SAS (hereinafter referred to as LDA) respondent No. 1 against the Government of India.;